Explanation
1. BACKGROUND
This ordinance authorizes the Director of Public Service to enter into contract with Shelly and Sands, Inc. for the Miscellaneous Developments - American Addition Infrastructure Phase 4 project and to provide payment for construction, construction administration and inspection services.
This contract includes the reconstruction of four streets and three alleys of the American Addition Subdivision. All streets shall include new sidewalks, landscaping, storm sewer, water line, sanitary sewer service stubs, street lighting, and traffic control devices. The project will replace select lighting luminaires and apply an asphalt rejuvenation agent to the asphalt roadway on other streets within the subdivision. The project includes preparing and installing a new single mode fiber optic cable that extends from existing DOT facilities to the American Addition Subdivision, and other work as may be necessary to complete the contract in accordance with the plans and specifications set forth in the Bid Submittal Documents.
The estimated Notice to Proceed date is December 11, 2023. The project was led by the Office of Support Services through Vendor Services and Bid Express. Three bids were received on September 21, 2023, (all are majority) and tabulated as follows:
Company Name Bid Amount City/State Majority/ODI Certification
Shelly and Sands, Inc. $5,080,050.58 Columbus, OH Majority
Trucco Construction Co, Inc. $5,366,881.19 Delaware, OH Majority
Complete General Construction $5,659,479.55 Columbus, OH Majority
Award is to be made to Shelly and Sands, Inc. as the lowest responsive and responsible and best bidder for their bid of $5,080,050.58. The amount of construction administration and inspection services will be $508,005.06. The total legislated amount is $5,588,055.64.
Searches in the System for Award Management (Federal) and the Findings for Recovery list (State) produced no findings against Shelly and Sands, Inc.
As part of their bid Shelly and Sands, Inc. has proposed the following subcontractors to work on the project:
Company Name City/State Majority/ODI Certification
Boca Construction Co. Norwalk, Ohio MAJ
Complete Clearing, Inc Marengo, Ohio MAJ
Concrete Cutting & Breaking Columbus, Ohio MAJ
Danbert Electric Corp. Plain City, Ohio MAJ
Dresden Landscaping Dresden, Ohio MAJ
Paul Peterson Company Columbus, Ohio MAJ
Griffin Pavement Striping Columbus, Ohio MAJ
Pavement Tech, Inc Westlake, Ohio MAJ
CAP-Stone & Assoc. Columbus, Ohio WBE
TFR Construction Columbus, Ohio MBE
2. CONTRACT COMPLIANCE INFORMATION
The contract compliance number for Shelly and Sands, Inc. is CC006043 and expires 2/3/24.
3. PRE-QUALIFICATION STATUS
Shelly and Sands, Inc. and all proposed subcontractors have met code requirements with respect to pre-qualification, pursuant to relevant sections of Columbus City Code Chapter 329.
4. FISCAL IMPACT
Funds in the amount of $5,588,055.64 are available and appropriated in the Streets and Highways Bond Fund within the Department of Public Service. An amendment to the 2023 Capital Improvements Budget and a transfer of cash will be needed to align spending with the project.
Funds in the amount of $1,189,900 are available and appropriated in the Streets and Highways Bond Fund within the Department of Public Service for transfer from P530161-100185 Roadway Improvements - Sancus Blvd Widening to P440104-100036 East Franklinton Gravity 2.0 Pedestrian Improvements as a payback to align cash with the proper project.
5. MINORITY AND WOMAN OWNED BUSINESS ENTERPRISE & SMALL LOCAL BUSINESS ENTERPRISE PROGRAM
This contract was bid with an anticipated City of Columbus MBE/WBE Program goal of 15% as assigned by the City’s Office of Diversity and Inclusion (ODI). Failure by the contractor to meet this goal subjects the contractor to the Penalties for Non-Compliance as described in the “City’s Minority and Women-Owned Business Enterprise & Small Local Business Enterprise Program Manual” and in the “City of Columbus MBE/WBE Program Special Provision” that were part of the bid documents for this contract.
6. EMERGENCY DESIGNATION
Emergency action is requested in order to allow this project to begin at the earliest possible time this construction season and to allow the improved streets and alleys to be available to the public for the highest provision of vehicular and pedestrian safety.
Title
To amend the 2023 Capital Improvement budget; to authorize the transfer of funds within the Streets and Highways Bond Fund; to authorize the Director of Public Service to enter into contract with Shelly and Sands, Inc. for the Miscellaneous Developments - American Addition Infrastructure Phase 4 project; to authorize the expenditure of up to $5,588,055.64 from the Streets and Highways Bonds Fund project; and to declare an emergency. ($6,777,955.64)
Body
WHEREAS, the Department of Public Service is engaged in the Miscellaneous Developments - American Addition Infrastructure Phase 4 project; and
WHEREAS, the work for this project consists of the reconstruction of four streets and three alleys of the American Addition Subdivision. All streets shall include new sidewalks, landscaping, storm sewer, water line, sanitary sewer service stubs, street lighting, and traffic control devices. The project will replace select lighting luminaires and apply an asphalt rejuvenation agent to the asphalt roadway on other streets within the subdivision. The project includes preparing and installing a new single mode fiber optic cable that extends from existing DOT facilities to the American Addition Subdivision, and other work as may be necessary to complete the contract in accordance with the plans and specifications set forth in the Bid Submittal Documents; and
WHEREAS, Shelly and Sands, Inc. will be awarded the contract for the Miscellaneous Developments - American Addition Infrastructure Phase 4 project; and
WHEREAS, the Department of Public Service requires funding to be available for the Miscellaneous Developments - American Addition Infrastructure Phase 4 project for construction expense along with construction administration and inspection services; and
WHEREAS, it is necessary to amend the 2023 Capital Improvement Budget to establish authority within the correct project; and
WHEREAS, it is necessary for Council to authorize a transfer of funds and appropriation within Fund 7704, the Streets and Highways Bond Fund, to establish sufficient cash to pay for the project; and
WHEREAS, it is necessary for Council to authorize a transfer of funds and appropriation within Fund 7704, the Streets and Highways Bond Fund, from P530161-100185 Roadway Improvements - Sancus Blvd Widening to P440104-100036 East Franklinton Gravity 2.0 Pedestrian Improvements as a payback to align cash with the proper project; and
WHEREAS, this contract opportunity was submitted to the City’s Office of Diversity and Inclusion (ODI) for review and assignment of an MBE/WBE goal prior to bidding; and
WHEREAS, this contract was bid with an anticipated City of Columbus MBE/WBE Program goal of 15% as assigned by the City’s Office of Diversity and Inclusion (ODI); and
WHEREAS, failure by the contractor to meet this goal subjects the contractor to the Penalties for Non-Compliance; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Public Service in that it is immediately necessary to authorize the Director to enter into contract with Shelly and Sands, Inc. to ensure the safety of the traveling, to allow this project to begin at the earliest possible time this construction season, and to allow the improved streets and alleys to be available to the public for the highest provision of vehicular and pedestrian safety, all for the immediate preservation of the public health, peace, property, safety and welfare; and now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the 2023 Capital Improvements Budget authorized by ordinance 1711-2023 be amended as follows to establish sufficient authority for this project:
Fund / Project / Project Name / Current / Change /C.I.B. as Amended
7704 / P530161-100185 / Roadway Improvements - Sancus Blvd Widening (Voted Carryover) / $2,000,000.00 / ($562,083.00) / $1,437,917.00 (to match cash)
7704 / P530103-100075 ASR - SR161 I-71 to Cleveland Avenue Phase I - Part 2 (Parkville/Spring Run) (Voted Carryover) / $1,387,917.00 / $562,083.00 / $1,950,000 (to match cash)
7704 / P530103-100060 / Arterial Street Rehabilitation - Cassady Avenue Widening (Bexley Corp to 7th Av) (Voted Carryover) / $3,511,775.00 / ($3,181,775.00) / $330,000.00
7704 / P530103-100061 / Arterial Street Rehabilitation - E. Broad Street Widening (Voted Carryover) / $1,600,000.00 / ($1,600,000.00) / $0.00
7704 / P590955-100061 / Operation Safewalks - Grace St - Orel Ave to Eureka Ave (Voted Carryover) / $1,579,000.00 / ($706,281.00) / $872,719.00
7704 / P530161-100185 / Roadway Improvements - Sancus Blvd Widening (Voted Carryover) / $1,437,917.00 / ($1,189,900.00) / $248,017.00
7704 / P590131-100023 / Miscellaneous Developments - American Addition Infrastructure Phase 4 (Voted Carryover) / $100,000.00 / $5,488,056.00 / $5,588,056.00
7704 / P440104-100036 / East Franklinton Gravity 2.0 Pedestrian Improvements (Voted Carryover) / $1,910,100.00 / $1,189,900.00 / $3,100,000.00
SECTION 2. That the transfer of $3,181,775.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5912 (Design and Construction), Project P530103-100060 (Arterial Street Rehabilitation - Cassady Avenue Widening (Bexley Corp to 7th Av)), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P590131-100023 (Miscellaneous Developments - American Addition Infrastructure Phase 4), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 3. That the transfer of $1,600,000.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5912 (Design and Construction), Project P530103-100061 (Arterial Street Rehabilitation - E. Broad Street widening), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P590131-100023 (Miscellaneous Developments - American Addition Infrastructure Phase 4), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 4. That the transfer of $706,280.64, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5912 (Design and Construction), Project P590955-100061 (Operation Safewalks - Grace St - Orel Ave to Eureka Ave), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P590131-100023 (Miscellaneous Developments - American Addition Infrastructure Phase 4), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 5. That the transfer of $1,189,900.00, or so much thereof as may be needed, is hereby authorized within Fund 7704 (Streets and Highways Bond Fund), from Dept-Div 5912 (Design and Construction), Project P530161-100185 (Roadway Improvements - Sancus Blvd Widening), Object Class 06 (Capital Outlay) to Dept-Div 5912 (Design and Construction), Project P440104-100036 (East Franklinton Gravity 2.0 Pedestrian Improvements), Object Class 06 (Capital Outlay) per the account codes in the attachment to this ordinance.
SECTION 6. That the Director of Public Service be and is hereby authorized to enter into a construction services contract with Shelly & Sands, Inc, 3570 S. River Road, Zanesville, Ohio 43701, for the Miscellaneous Developments - American Addition Infrastructure Phase 4 project in the amount of up to $5,080,050.58 in accordance with the specifications and plans on file in the Office of Support Services, which are hereby approved; and to pay for necessary construction administration and inspection costs associated with the project up to a maximum of $508,005.06.
SECTION 7. That the expenditure of $5,588,055.64, or so much thereof as may be needed, is hereby authorized in Fund 7704 (Streets and Highways Bond Fund), Dept-Div 5912 (Design and Construction), P590131-100023 (Miscellaneous Developments - American Addition Infrastructure Phase 4), in Object Class 06 (Capital Outlay) per the accounting codes in the attachment to this ordinance.
SECTION 8. Funds are hereby deemed appropriated and expenditures and transfers authorized to carry out the purposes of this ordinance and the City Auditor shall establish such accounting codes as necessary.
SECTION 10. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance.
SECTION 11. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project.
SECTION 12. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.